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    <title>2002 (1) TMI 1339 - MADRAS HIGH COURT</title>
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    <description>Search and seizure at an international airport was treated as recovery in a public place, so Section 43 of the NDPS Act applied rather than Section 42; non-recording of prior information under Section 42 therefore did not vitiate the conviction. Search of baggage carried by the accused was held to be distinct from personal search, so the safeguards under Section 50 were inapplicable and their absence did not invalidate the conviction. As to the remaining accused, the evidence showed awareness of the contraband activity but not participation in the conspiracy or acts of assistance beyond reasonable doubt; their convictions and sentences were set aside and they were acquitted, while the conviction of the accused whose baggage was searched was affirmed with a limited modification of the default sentence.</description>
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    <pubDate>Wed, 30 Jan 2002 00:00:00 +0530</pubDate>
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      <title>2002 (1) TMI 1339 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=290581</link>
      <description>Search and seizure at an international airport was treated as recovery in a public place, so Section 43 of the NDPS Act applied rather than Section 42; non-recording of prior information under Section 42 therefore did not vitiate the conviction. Search of baggage carried by the accused was held to be distinct from personal search, so the safeguards under Section 50 were inapplicable and their absence did not invalidate the conviction. As to the remaining accused, the evidence showed awareness of the contraband activity but not participation in the conspiracy or acts of assistance beyond reasonable doubt; their convictions and sentences were set aside and they were acquitted, while the conviction of the accused whose baggage was searched was affirmed with a limited modification of the default sentence.</description>
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      <pubDate>Wed, 30 Jan 2002 00:00:00 +0530</pubDate>
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